When you are engaged in a civil litigation case in Oklahoma, then there is something that you should expect known as burden of proof. It is about the amount of proof necessary to triumph in the particular matter. The burden of proof is a legal standard for deciding, as a court, which of the things that you say is more probably true than not.
In Oklahoma as it is in other states, the standard employed in majority of the civil trials is tagged “preponderance of the evidence”. This term may sound very complex but it simply translates into the idea that you need to have more ‘weightage’ for you than against you. For purposes of this burden in a civil case, you are supposed to amass some evidence to ensure that what you are alleging is likely than not to be true. This could be things like documents that were presented in a court or during any type of trial that will help your case.
Using the Standard of Preponderance in Your Case
In the pragmatic sense, the standard of preponderance of the evidence means that one needs to present his/her case properly. This preparation entails compilation of all the facts of the case and assembling them in a manner that will impress the court. For instance, if you are embarking on a legal action for breach of contract, the contract must be produced, the other party’s failure to perform obligations highlighted and; prove how the failure has prejudiced you.
Evidence That Can Help You
The types of evidence that might help you include:
- Witness Statements: Eyewitnesses as well as those persons who have special knowledge in this or that field can become important proofs.
- Physical Evidence: Every little thing ranging from a ripped cloth to a scratched car is good enough to support your argument.
- Documents: In many civil cases letters, emails, agreements and other documents contain vital information that led to a trial.
- Photographs and Videos: These can support the points you want to pass across. Each and every form of evidence to be tendered in Court should assist in tilting the balance of probabilities in your favor so that the proposition that you are advancing is more probable than not.
The Role of the Court
Basically, the judge in your case is much more involved in assessing the evidence presented to him. They evaluate the character and capacity of the witnesses, the authenticity of documents and all productions exhibit as evidence by any party. Your evidence should memorize and well-articulated because an extensive leaning will be given on what is presented to the judge.
Signs to Contribute to Your Burden of Proof
Here are some strategies you can use:
- Organize Your Evidence: Be sure that evidence that you used is arranged properly so that it makes some sense and presents the story well.
- Use Expert Witnesses: It is possible to introduce complex and detailed information which the expert can in most cases explain to the court about your position.
- Prepare Witnesses: It is important to make sure that all your witnesses are informed about what they are going to be subjected to in court, that their evidence is clear and not very complicated.
Oklahoma Civil Litigation Lawyer
Being able to meet the burden of proof in a civil law case is therefore a matter of great planning and preparation. You have to know what is legal, you have to get the evidence and then you have to present the evidence properly. Get a private consultation at Oklahoma Estate Attorneys, PLLC with civil litigation attorney to find out what can be done for you. Give us a call at (405) 880-8960 or connect with us through the website.
